AB130: Bill Text Engrossed

1995 - 1996 LEGISLATURE

1995 Engrossed Assembly BILL 130

June 6, 1995 - Printed by direction of Assembly Chief Clerk.

AB130-engrossed,6,9 An Act to repeal 20.410 (1) (am), 20.435 (3) (au), 20.435 (3) (bg), 20.435 (3) (k), 46.025, 46.26 (4) (dr), 48.01 (1) (c), 48.01 (1) (d), 48.01 (1) (h), 48.02 (3m), 48.02 (9m), 48.02 (15m), 48.065 (2) (g), 48.065 (3) (a), 48.065 (3) (f), 48.069 (1) (dj), 48.08 (3), 48.09 (1), 48.09 (2), 48.09 (3), 48.09 (4), 48.125, 48.13 (6), 48.13 (6m), 48.13 (7), 48.13 (12), 48.13 (14), 48.14 (4), 48.17, 48.18 (title) and (1), 48.18 (2), 48.18 (2m), 48.18 (3), 48.18 (4), 48.18 (5) (intro.), 48.18 (5) (a), 48.18 (5) (b), 48.18 (5) (c), 48.18 (5) (d), 48.18 (6), 48.18 (8), 48.18 (9), 48.183, 48.185 (3), 48.19 (1) (d) 3., 48.19 (1) (d) 6., 48.19 (1) (d) 8., 48.19 (1) (d) 9., 48.19 (1) (d) 10., 48.19 (1m), 48.20 (2) (cm), 48.20 (2) (e), 48.20 (2) (f), 48.20 (2) (g), 48.20 (7) (c) 1m., 48.208 (1), 48.208 (2), 48.208 (5), 48.209 (3), 48.21 (2), 48.21 (4m), 48.22, 48.225, 48.23 (1) (am), 48.23 (2m), 48.237, 48.24 (2m) (a) 1., 48.24 (2m) (a) 3., 48.24 (7), 48.243 (1m), 48.245 (2) (a) 5., 48.245 (2) (a) 6., 48.245 (2) (a) 7., 48.245 (2m), 48.245 (6), 48.25 (2) (b), 48.25 (4), 48.25 (5), 48.255 (1) (d), 48.27 (4m), 48.27 (7), 48.29 (1g), 48.29 (2), 48.295 (1c) (b), 48.295 (1c) (c), 48.295 (2) (a), 48.296, 48.299 (1) (am), 48.30 (4), 48.30 (5), 48.32 (1d), 48.32 (1g), 48.32 (1r), 48.32 (1t), 48.32 (2) (b), 48.32 (4), 48.33 (3), 48.33 (3m), 48.331, 48.335 (3m), 48.34 (intro.), 48.34 (2r), 48.34 (3g), 48.34 (4g), 48.34 (4m), 48.34 (4n), 48.34 (4p), 48.34 (4r), 48.34 (4s), 48.34 (5), 48.34 (7), 48.34 (7m), 48.34 (8), 48.34 (9), 48.34 (14), 48.34 (15), 48.341, 48.342, 48.343, 48.344, 48.345 (1) (a), 48.345 (1) (b), 48.345 (1) (c), 48.345 (1) (d), 48.345 (1) (f), 48.345 (2), 48.346, 48.35 (1) (a), 48.35 (1) (b) 4., 48.35 (1) (c), 48.355 (3m), 48.355 (4) (b), 48.355 (6) and (6g), 48.357 (3) and (4), 48.357 (4g), 48.357 (4m), 48.357 (5), 48.364, 48.37 (3), 48.38 (3) (a), 48.39, 48.396 (2) (c), 48.396 (2) (d), 48.396 (2) (e), 48.396 (2m), 48.396 (3), 48.396 (4), 48.396 (5), 48.396 (6), 48.396 (7), 48.396 (8), 48.48 (13), 48.49, 48.505, 48.51 (title), 48.51 (1) (intro.), 48.51 (1) (a), 48.51 (1) (b), 48.51 (1) (c), 48.51 (2), 48.51 (3), 48.52 (1) (d), 48.53, 48.532, 48.533, 48.534, 48.536, 48.537, 48.57 (4), 48.595, 48.78 (2) (d), 48.78 (2) (e), 48.78 (3), 301.03 (9m), 304.07 and 906.09 (4); to renumber 48.34 (1), 48.34 (2), 48.34 (2m), 48.34 (3), 48.34 (4), 48.34 (6), 48.34 (6m), 48.34 (10) (title), 48.34 (10) (a), 48.34 (10) (b), 48.34 (10) (c), 48.34 (11), 48.34 (12), 48.34 (13), 48.991, 48.996 and 48.997; to renumber and amend 46.26 (4) (cm) 2., 48.25 (2) (a), 48.295 (2) (b), 48.355 (4) (a), 48.992, 48.993, 48.994, 48.995, 48.998 and 118.125 (5); to consolidate, renumber and amend 48.295 (1c) (intro.) and (a), 48.345 (1) (intro.) and (e) and ; to amend 16.51 (7), 17.10 (6) (b) 1., 19.35 (1) (am) 2. c., 20.410 (1) (c), 20.410 (1) (hx), 20.435 (3) (cd), 20.435 (3) (cg), 20.435 (3) (hm), 20.435 (3) (ho), 20.435 (3) (o), 20.435 (7) (b), 38.24 (1s), 46.03 (1), 46.03 (4) (b) 1., 46.03 (6) (a), 46.03 (7) (a), 46.03 (7) (e), 46.03 (17) (c), 46.03 (32), 46.041 (1) (a), 46.049, 46.10 (1), 46.10 (2), 46.10 (14) (b), 46.10 (14) (e) 1., 46.206 (1) (b), 46.21 (2) (a), 46.215 (1) (h), 46.22 (1) (c) 1. b., 46.22 (1) (c) 2., 46.22 (1) (c) 5., 46.22 (1) (c) 8. c., 46.22 (1) (c) 8. e., 46.25 (9) (b), 46.26 (1), 46.26 (2) (c), 46.26 (3) (d), 46.26 (3) (f), 46.26 (4) (a), 46.26 (4) (a), 46.26 (4) (a), 46.26 (4) (b) 1., 46.26 (4) (c), 46.26 (4) (cm) 1., 46.26 (4) (d) 1., 46.26 (4) (d) 1m., 46.26 (4) (d) 3., 46.26 (4) (d) 4., 46.26 (4) (dm), 46.26 (4) (e), 46.26 (4) (eg), 46.26 (4) (g), 46.26 (7) (b) 2., 46.26 (7) (b) 3., 46.26 (7) (h), 46.263 (3), 46.275 (4) (b) 1., 46.28 (1) (am) 1., 46.28 (1) (am) 2., 46.56 (3) (a) 5., 46.56 (8) (a), 46.56 (8) (g), 46.56 (8) (h) 5., 46.56 (8) (j), 46.56 (8) (k), 46.56 (14) (a) (intro.), 48.02 (1), 48.02 (2), 48.02 (2m), 48.02 (3m), 48.02 (10), 48.02 (15m), 48.023 (4), 48.03 (2), 48.035, 48.065 (2) (gm), 48.065 (3) (b), 48.065 (3) (c), 48.065 (3) (e), 48.065 (3) (f), 48.07 (4), 48.08 (2), 48.10, 48.12 (1), 48.12 (2), 48.13 (4), 48.135 (1), 48.15, 48.18 (5) (c), 48.185 (1), 48.19 (1) (d) 6., 48.20 (2) (ag), 48.20 (3), 48.20 (7) (a), 48.20 (8), 48.205 (1) (a), 48.205 (1) (c), 48.208 (1), 48.21 (1) (a), 48.21 (3) (intro.), 48.227 (4) (b), 48.227 (4) (e) 2., 48.23 (1) (a), 48.23 (4), 48.24 (1), 48.24 (2m) (a) 2., 48.24 (5), 48.243 (1) (intro.), 48.243 (1) (b), 48.243 (1) (c), 48.243 (1) (h), 48.245 (1), 48.245 (2) (b), 48.245 (7), 48.245 (8), 48.25 (1), 48.25 (3), 48.255 (1) (intro.), 48.255 (1) (e), 48.255 (3), 48.255 (4), 48.263 (2), 48.27 (1), 48.27 (8), 48.273 (1), 48.273 (3), 48.275 (1), 48.275 (2) (a), 48.275 (2) (b), 48.29 (1), 48.29 (1m), 48.29 (3), 48.293 (1), 48.293 (2), 48.297 (2), 48.297 (3), 48.297 (5), 48.299 (1) (a), 48.299 (4) (a), 48.299 (4) (b), 48.30 (1), 48.30 (2), 48.30 (3), 48.30 (6), 48.30 (7), 48.30 (8), 48.30 (9), 48.30 (10), 48.31 (1), 48.31 (2), 48.31 (4), 48.32 (1), 48.32 (2) (a), 48.32 (5) (a), 48.32 (5) (b), 48.33 (1) (intro.), 48.33 (4m) (intro.), 48.335 (1), 48.34 (10) (a), 48.345 (1) (a), 48.35 (1) (b) 2., 48.35 (1) (c), 48.355 (1), 48.355 (2) (b) 5., 48.355 (4) (a), 48.355 (4) (b), 48.355 (7), 48.357 (2), 48.36 (1) (a), 48.361 (1) (b), 48.361 (1) (c), 48.361 (2) (am) 2., 48.362 (2), 48.365 (7), 48.366 (1) (a) (intro.), 48.366 (1) (b), 48.366 (8), 48.37 (1), 48.373 (1), 48.375 (4) (b) 1g., 48.38 (3) (a), 48.39, 48.396 (1), 48.396 (2) (a), 48.415 (1) (a) 2., 48.415 (2) (a), subchapter IX (title) of chapter 48 [precedes 48.44], 48.44 (title) and (1), 48.45 (1) (a), 48.45 (1) (b), 48.45 (1m) (a), 48.45 (3), 48.48 (1), 48.48 (3), 48.48 (4), 48.48 (4m) (a), 48.48 (4m) (b), 48.48 (5), 48.48 (6), 48.48 (14), 48.48 (16), 48.49, 48.50 (1), 48.505, 48.51 (1) (intro.), 48.52 (1) (c), 48.52 (2) (a), 48.52 (2) (c), 48.54, 48.547 (1), 48.547 (4), 48.57 (1) (a), 48.58 (1) (b), 48.58 (1) (c), 48.58 (1) (d), 48.59 (1), 48.63 (1), 48.66 (1), 48.78 (2) (a), 48.78 (3), 48.95, 49.19 (4) (c), 49.46 (1) (a) 5., 49.80 (7), 49.90 (1m), 50.39 (3), 51.05 (2), 51.13 (1) (c), 51.13 (4) (a), 51.13 (4) (b), 51.13 (4) (d), 51.13 (4) (h) 2., 51.13 (4) (h) 4., 51.14 (2), 51.15 (1) (a) (intro.), 3. and 4., 51.20 (1) (a) 2. b., c. and d., 51.20 (1) (b), 51.20 (6), 51.20 (13) (cr), 51.35 (3) (title), 51.35 (3) (a), 51.35 (3) (b), 51.35 (3) (c), 51.35 (3) (e), 51.35 (3) (g), 51.42 (3) (ar) 4. b., 51.42 (3) (as) 1., 51.437 (4rm) (a), 51.45 (5) (d) 1., 51.45 (11) (bm), 59.175, 101.123 (1) (i), 102.07 (13), 103.70 (1), 103.72, 103.87, 115.31 (1) (b), 115.81 (9) (c), 115.85 (2m), 118.125 (1) (a), 118.125 (2) (cm), 118.125 (2) (d), 118.125 (2) (j) 3., 118.125 (2) (L), 118.125 (3), 118.125 (4), 118.127 (1), 118.127 (2), 118.15 (1) (cm) 1., 118.15 (5) (a), 118.16 (2m) (a) (intro.), 118.16 (2m) (d), 118.16 (2m) (e), 118.16 (4) (e), 118.16 (5) (intro.), 118.16 (5) (a), 118.16 (5) (c), 118.16 (6), 118.162 (4) (e), 118.163 (2) (b), 118.163 (2) (d), 120.12 (18), 121.78 (4), 125.07 (4) (bs) 1., 125.07 (4) (bs) 2., 125.07 (4) (bs) 3., 125.07 (4) (bs) 4., 125.07 (4) (c) 1., 125.07 (4) (c) 2., 125.07 (4) (c) 3., 125.07 (4) (c) 4., 125.07 (4) (cg), 125.07 (4) (d), 125.07 (4) (e) 2. a., 125.085 (3) (bd), 125.085 (3) (bh), 125.085 (3) (bt), 125.09 (2) (d), 146.34 (1) (e), 146.34 (5) (a) (intro.), 146.81 (4), 146.81 (5), 157.065 (2) (a) 4. c., 161.455 (1), 161.46 (1), 161.46 (2), 161.46 (3), 161.573 (2), 161.574 (2), 161.575 (1), 161.575 (2), 165.76 (1) (a), 165.76 (2) (b) 2., 165.76 (2) (b) 5., 165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3), 175.35 (1) (ag), 175.45 (1) (b), 175.45 (1) (e), 175.45 (3) (a) 2., 175.45 (5) (b), 227.03 (4), 230.36 (1), 230.36 (3) (c) (intro.), 252.04 (6), 252.11 (5m), 252.11 (7), 252.15 (1) (ab), 252.15 (2) (a) 6., 252.15 (2) (a) 7. a., 252.15 (5) (a) 17., 252.15 (5) (a) 19., 301.01 (2) (b), 301.02, 301.03 (9), 301.035 (2), 301.035 (4), 301.135 (1), 301.135 (3m), 301.28 (1), 301.36 (1), 302.11 (10), 302.18 (7), 302.255, 302.31, 302.386 (1), 302.386 (2) (intro.), 302.386 (3), 304.06 (1) (b), 340.01 (9r) (d), 343.06 (1) (i), 343.30 (5), 343.30 (6) (b) (intro.), 752.31 (2) (e), 757.69 (1) (intro.), 757.69 (1) (g), 757.69 (1) (k), 757.69 (2) (intro.), 757.69 (3) (intro.), 757.81 (2), 758.19 (6), 767.02 (1) (m), 767.24 (3) (e), 767.29 (3), 767.30 (1), 767.305, 767.32 (1) (a), 767.32 (2r), 767.47 (10), 778.25 (1) (a) 1., 778.25 (1) (a) 4., 778.25 (1) (a) 5., 778.25 (8) (a), 778.25 (8) (b), 778.25 (8) (c), 808.04 (3), 808.04 (4), 809.30 (1) (a), 809.30 (1) (b), 809.30 (2) (d), 809.30 (2) (fm), 809.40 (1), 851.72 (7), 859.07 (2), 880.15 (1), 885.37 (1) (a) 2., 895.035 (3), 895.035 (4), 895.035 (6), 901.05 (2) (intro.), 901.05 (3), 904.13 (2), 905.04 (4) (i), 906.08 (2), 906.09 (title), 906.09 (1), 906.09 (2), 906.09 (3), 906.09 (5), 908.08 (1), 939.62 (3) (a), 939.62 (3) (b), 939.635 (1), 939.635 (2) (b), 941.29 (2), 946.42 (1) (a), 946.42 (1) (c), 946.42 (2) (b), 946.42 (3) (b), 946.42 (3) (c), 946.44 (1) (a), 946.44 (2) (c), 946.44 (2) (d), 946.45 (1), 946.45 (2) (c), 946.45 (2) (d), 948.01 (1), 948.31 (1) (a) 2., 948.31 (1) (b), 948.35 (1) (a), 948.36 (1), 948.40 (1), 948.40 (2), 948.45 (1), 948.50 (4) (b), 948.60 (title), (2) and (3), 948.61 (4), 950.02 (1m), 967.04 (7) (a) (intro.), 967.04 (9), 968.255 (1) (a) 3., 968.255 (7) (b), 969.01 (4), 970.032 (title) and (1), 970.032 (2) (intro.), 970.032 (2) (b), 970.032 (2) (c), 970.035, 971.105, 972.14 (3), 973.013 (3m), 976.08, 977.02 (3), 977.05 (4) (gm), 977.05 (4) (h), 977.05 (4) (i) 5., 977.07 (1) (a), 977.07 (1) (c), 977.07 (2) (a), 977.07 (2) (c), 977.08 (2) (e), 977.10, 978.05 (6) (a), 980.015 (2) (b), 980.02 (1) (b) 2., 980.02 (2) (ag), 980.02 (4) (am), 980.02 (4) (b), 980.04 (1), 990.01 (3) and 990.01 (20); to repeal and recreate 20.410 (1) (hx), 20.435 (3) (hm), 46.26 (3) (d), 46.26 (4) (b) 1., 46.26 (4) (c), 46.26 (4) (cm) 1., 48.205 (1) (c), 48.23 (1) (a), 48.255 (1) (intro.), 48.275 (2) (a), 48.275 (3), 48.355 (4) (b), 48.365 (7), 48.396 (1), 48.396 (1m), 48.45 (1) (a), 48.48 (4m) (b), 48.48 (14), 118.125 (4), 161.573 (2), 161.574 (2), 161.575 (2), 227.03 (4), 301.28 (1), 302.31, 304.06 (1) (b), 946.42 (1) (a), 946.42 (3) (c), 946.44 (1) (a), 946.44 (2) (d), 946.45 (1) and 946.45 (2) (d); and to create 20.435 (3) (c), 46.26 (4) (cm) 1m., 46.26 (4) (cm) 4., 46.26 (4) (d) 3m., 48.366 (1) (c), 48.396 (1g), 48.396 (2) (ag), 48.396 (2) (am), 48.78 (2) (ag), 48.78 (2) (am), 60.23 (22m), 101.123 (3) (gg), 118.125 (2) (cg), 118.125 (5) (b), 118.127 (3), 118.15 (5) (am), 118.16 (5m), 118.163 (2) (e), 301.03 (9r), 301.35 (2) (e), 302.386 (5) (c), 302.386 (5) (d), 304.06 (1z), 808.075 (4) (fn), 895.035 (2m), chapter 938, 938.988 and 946.50 of the statutes; relating to: creating a juvenile justice code, granting rule-making authority, making appropriations and providing penalties.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1995 Assembly Bill 130 consists of the bill, as adopted in the assembly on May 24, 1995, as affected by the following Assembly Amendments adopted in the assembly on May 24, 1995: Assembly Amendment 25, Assembly Amendment 26 (as affected by part 2 of Assembly Amendment 1 thereto), Assembly Amendment 30, Assembly Amendment 32 (as affected by Assembly Amendment 1 thereto), part 2 of Assembly Amendment 40, Assembly Amendment 41 and Assembly Amendment 43 (as affected by Assembly Amendment 1 thereto). The text also includes the legislative reference bureau corrections to the bill dated March 21, 1995, March 24, 1995, and May 15, 1995, the legislative reference bureau correction to Assembly Amendment 26 dated May 24, 1995, and the legislative reference bureau correction dated June 6, 1995.

Certain of the amendments affect the same text. In this bill, amendments are reconciled as follows:

1. Assembly Amendments 25 and 26 both affect s. 48.396 (1). This bill reflects the effect of both of those amendments.

2. Assembly Amendments 25 and 41 both affect s. 118.125 (2) (d). This bill gives effect to both of those amendments.

3. Assembly Amendment 25 affects s. 120.24 (12), as created by this bill. Assembly Amendment 26 removes s. 120.24 (12). This bill reflects the effect of Assembly Amendment 26.

4. Assembly Amendments 25 and 32 both affect s. 938.355 (6) (d) 1., as created by the bill. This bill gives effect to both of those amendments.

5. Assembly Amendment 25 affects s. 938.366, as created by the bill. Assembly Amendment 26 removes s. 938.366. This bill reflects the effect of Assembly Amendment 26.

6. Assembly Amendments 25 and 40 both affect s. 938.396 (1), as created by the bill. This bill gives effect to both of those amendments.

7. Assembly Amendments 25 and 41 both affect s. 938.396 (7) (c), as created by the bill. This bill gives effect to both of those amendments.

8. Assembly Amendments 25 and 26 both affect s. 938.505 (2) (b), as created by the bill. This bill gives effect to both of those amendments.

9. Assembly Amendments 25 and 26 both affect s. 938.51 (1) (intro.), as created by the bill. This bill gives effect to both of those amendments.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB130-engrossed, s. 1 Section 1. 16.51 (7) of the statutes is amended to read:

AB130-engrossed,8,2 16.51 (7) (title) Audit claims for expenses in connection with prisoners and children in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections or the department of health and social services, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children in secured correctional facilities, as defined in s. 938.02 (15m), including prisoners or children transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts as that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

AB130-engrossed, s. 2 Section 2. 17.10 (6) (b) 1. of the statutes is amended to read:

AB130-engrossed,8,5 17.10 (6) (b) 1. Disposition staff and intake workers appointed to provide services under ch. chs. 48 and 938.

AB130-engrossed, s. 3 Section 3. 19.35 (1) (am) 2. c. of the statutes is amended to read:

AB130-engrossed,8,12 19.35 (1) (am) 2. c. Endanger the security of any state correctional institution, as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 48.02 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.

AB130-engrossed, s. 3m Section 3m. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB130-engrossed, s. 4m Section 4m. 20.410 (1) (am) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130-engrossed, s. 5 Section 5. 20.410 (1) (c) of the statutes is amended to read:

AB130-engrossed,9,3 20.410 (1) (c) (title) Reimbursement claims of counties containing state institutions prisons. A sum sufficient to pay all valid claims made by county clerks of counties containing certain state institutions prisons as provided in s. 16.51 (7).

AB130-engrossed, s. 6m Section 6m. 20.410 (1) (hx) of the statutes is amended to read:

AB130-engrossed,9,9 20.410 (1) (hx) Extended jurisdiction services. The amounts in the schedule for services to persons younger than 19 18 years old placed with the department under s. 48.366 (8). All moneys received in payment for services provided by the department specified in s. 46.26 (4) (d) 1m. and all moneys transferred under s. 46.26 (4) (cm) 2. shall be credited to this appropriation.

AB130-engrossed, s. 6p Section 6p. 20.410 (1) (hx) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,9,16 20.410 (1) (hx) Extended jurisdiction services. The amounts in the schedule for services to persons younger than 18 years old placed with the department under s. 48.366 (8) or 938.183 (2). All moneys received in payment for services provided by the department specified in s. 46.26 (4) (d) 1m. and all moneys transferred under s. 46.26 (4) (cm) 3. shall be credited to this appropriation.

AB130-engrossed, s. 7m Section 7m. 20.435 (3) (au) of the statutes is repealed.

AB130-engrossed, s. 7r Section 7r. 20.435 (3) (bg) of the statutes is repealed.

AB130-engrossed, s. 9 Section 9. 20.435 (3) (c) of the statutes is created to read:

AB130-engrossed,9,23 20.435 (3) (c) Reimbursement claims of counties containing secured correctional facilities. The amounts in the schedule to pay all valid claims made by county clerks of counties containing state juvenile correctional institutions as provided in s. 16.51 (7).

AB130-engrossed, s. 10 Section 10. 20.435 (3) (cd) of the statutes is amended to read:

AB130-engrossed,10,13 20.435 (3) (cd) Community youth and family aids. The amounts in the schedule for the improvement and provision of juvenile delinquency-related services under s. 46.26 and for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services as provided in s. 48.06 938.06 (4). Disbursements may be made from this appropriation under s. 46.03 (20). Refunds received relating to payments made under s. 46.03 (20) shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), but subject to s. 46.26 (3) (f), the department of health and social services may transfer moneys under this paragraph between fiscal years. Except for moneys authorized for transfer under s. 46.26 (3), all moneys from this paragraph allocated under s. 46.26 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the general fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.

AB130-engrossed, s. 10m Section 10m. 20.435 (3) (cg) of the statutes is amended to read:

AB130-engrossed,10,17 20.435 (3) (cg) (title) Violent Serious juvenile offenders. The amounts in the schedule for the reimbursement of institutions, alternate care providers and aftercare providers under s. 46.26 (4) (cm).

AB130-engrossed, s. 11m Section 11m. 20.435 (3) (hm) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,11,5 20.435 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho), and (hr) and (k), the amounts in the schedule for juvenile correctional services specified in s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1., and, except as provided in par. (hr) and (k) and s. 20.410 (1) (hx), all moneys received in payment for juvenile correctional services specified in s. 46.26 (4) (d) shall be credited to this appropriation. If moneys generated by the monthly rate exceed actual fiscal year institutional costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year. Each county shall receive a proportionate share of the remittance depending on the total number of days of placement at juvenile correctional institutions. Counties shall use the funds for purposes specified in s. 46.26.

AB130-engrossed, s. 11p Section 11p. 20.435 (3) (hm) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,11,19 20.435 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho) and (hr), the amounts in the schedule for juvenile correctional services specified in s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1., and, except as provided in par. (hr) and s. 20.410 (1) (hx), all moneys received in payment for juvenile correctional services specified in s. 46.26 (4) (d) shall be credited to this appropriation. If moneys generated by the monthly rate exceed actual fiscal year institutional costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year. Each county shall receive a proportionate share of the remittance depending on the total number of days of placement at juvenile correctional institutions or secured child caring institutions, as defined in s. 938.02 (15g). Counties shall use the funds for purposes specified in s. 46.26.

AB130-engrossed, s. 12 Section 12. 20.435 (3) (ho) of the statutes is amended to read:

AB130-engrossed,12,8 20.435 (3) (ho) Juvenile residential aftercare. Under s. 46.26 (4) (e), the amounts in the schedule for providing foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.48 (4) and (14), 48.52 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52. All moneys received in payment for providing foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.48 (4) and (14), 48.52 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52 shall be credited to this appropriation. If moneys generated by the monthly rate exceed actual fiscal year foster care, treatment foster care, group home care and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year. Each county shall receive a proportionate share of the remittance depending on the total number of days of placement in foster care, treatment foster care, group home care or institutional child care.

AB130-engrossed, s. 12m Section 12m. 20.435 (3) (k) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130-engrossed, s. 13 Section 13. 20.435 (3) (o) of the statutes is amended to read:

AB130-engrossed,12,17 20.435 (3) (o) Federal aid; foster care and treatment foster care. All federal moneys received for meeting the costs of providing foster care, treatment foster care and institutional child care to delinquent children under ss. 48.48 938.48 (4) and (14) and 48.52 938.52, and for the cost of care for children under s. 49.19 (10) (d). All moneys received under this paragraph shall be deposited in the general fund as a nonappropriated receipt.

AB130-engrossed, s. 14 Section 14. 20.435 (7) (b) of the statutes is amended to read:

AB130-engrossed,13,10 20.435 (7) (b) Community aids. The amounts in the schedule for human services under s. 46.40, for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.22 and 48.58 and 938.22 and for foster care and treatment foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b) may be made from this appropriation. Refunds received relating to payments made under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated under this paragraph shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health and social services may transfer funds between fiscal years under this paragraph. The department shall deposit into this appropriation funds it recovers under ss. 49.52 (2) (b) and 51.423 (15) from prior year audit adjustments including those resulting from audits of services under s. 46.26 or 46.27. Except for amounts authorized to be carried forward under s. 46.45, all funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and all funds allocated under s. 46.40 and not spent or encumbered by December 31 of each year shall lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year by the joint committee on finance.

AB130-engrossed, s. 15 Section 15. 38.24 (1s) of the statutes is amended to read:

AB130-engrossed,13,17 38.24 (1s) Additional fees. A district board may establish and charge a fee in addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse education program offered to individuals under s. 48.245 (2) (a) 4., 48.32 (1g) (b), 48.34 (4s) (b) 3. or (13) (b), 48.343 (10) (c) or 48.344 (2g) (a) 3 48.345 (13) (b), 938.245 (2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g) (a).

AB130-engrossed, s. 16m Section 16m. 46.025 of the statutes is repealed.

AB130-engrossed, s. 17 Section 17. 46.03 (1) of the statutes is amended to read:

AB130-engrossed,13,23 46.03 (1) Institutions governed. Maintain and govern all secured correctional facilities, as defined in s. 48.02 938.02 (15m), that are operated by the department; the Mendota and the Winnebago mental health institutes; and the centers for the developmentally disabled.

AB130-engrossed, s. 18 Section 18. 46.03 (4) (b) 1. of the statutes is amended to read:

AB130-engrossed,14,12 46.03 (4) (b) 1. The department, in order to discharge more effectively its responsibilities under this chapter and ch. chs. 48 and 938 and other relevant provisions of the statutes, is authorized to study causes and methods of prevention and treatment of juvenile delinquency, mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state or private sources, and to enlist the cooperation of other appropriate agencies and state departments; it may enter into agreements with local government subdivisions, departments and agencies for the joint conduct of such projects; and it may purchase services when deemed appropriate.

AB130-engrossed, s. 19m Section 19m. 46.03 (6) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,14,16 46.03 (6) (a) Except as provided in s. 48.537, execute Execute the laws relating to the detention, reformation and correction of delinquents.

AB130-engrossed, s. 20 Section 20. 46.03 (7) (a) of the statutes is amended to read:

AB130-engrossed,15,2 46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, delinquent children, children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under ch. chs. 48 and 938 and licensed child welfare agencies and institutions (public and private) and take the initiative in all matters involving the interests of such children where adequate provision therefor has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.34 and 48.345 , 938.34 and 938.345, other than services provided by the department of corrections under s. 938.34 (4h).

AB130-engrossed, s. 21 Section 21. 46.03 (7) (e) of the statutes is amended to read:

AB130-engrossed,15,9 46.03 (7) (e) Administer the juvenile offender review program in the division of youth services in the department. The program shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional institutions operated by the department and secured child caring institutions, as defined in s. 938.02 (15g), to aftercare and corrective sanctions placements.

AB130-engrossed, s. 22 Section 22. 46.03 (17) (c) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,15,19 46.03 (17) (c) To contract with public, private or voluntary agencies for the purchase of goods, care and services for youth placed under department supervision under s. 48.34 938.183 (2), 938.34 (4m) or (4n) or 48.366 938.366. Services may include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.

AB130-engrossed, s. 23 Section 23. 46.03 (32) of the statutes is amended to read:

AB130-engrossed,16,2 46.03 (32) Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility , as defined in s. 938.02 (15m), that is operated by the department or a secured child caring institution, as defined in s. 938.02 (15g). If the department decides to provide the reimbursement, it shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

AB130-engrossed, s. 24 Section 24. 46.041 (1) (a) of the statutes is amended to read:

AB130-engrossed,16,9 46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under ch. chs. 48 and 938, the institutions and services under the jurisdiction of the department, university of Wisconsin hospital and clinics, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.

AB130-engrossed, s. 25 Section 25. 46.049 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130-engrossed,16,23 46.049 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed in a secured correctional facility under s. 48.34 938.183 (2) or 938.34 (4m). All laws pertaining to the care of children received under s. 48.34 938.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 48.52 938.52.

AB130-engrossed, s. 26 Section 26. 46.10 (1) of the statutes is amended to read:

AB130-engrossed,17,5 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB130-engrossed, s. 27 Section 27. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479 and 481, is amended to read:

AB130-engrossed,18,10 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including university of Wisconsin hospital and clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB130-engrossed, s. 28 Section 28. 46.10 (14) (b) of the statutes is amended to read:

AB130-engrossed,18,20 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department under s. 46.25 (9) (a) and by applying the percentage standard in the manner established by the department under s. 46.25 (9) (b).

AB130-engrossed, s. 29 Section 29. 46.10 (14) (e) 1. of the statutes, as created by 1993 Wisconsin Act 481, is amended to read:

AB130-engrossed,19,5 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB130-engrossed, s. 30 Section 30. 46.206 (1) (b) of the statutes is amended to read:

AB130-engrossed,19,14 46.206 (1) (b) All records of the department and all county records relating to social services, aid to families with dependent children and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of such services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.